The Department of Homeland Security (DHS) has issued a final rule eliminating Duration of Status (D/S) for F visa students, J visa exchange visitors, and I visa representatives of foreign media and replaces it with fixed admission periods and USCIS-controlled extensions.
Importantly, these changes apply not only to principal applicants but also to their dependents. Beginning September 15, 2026, F and J nonimmigrants will be admitted for the length of their program for up to four (4) years and I visa holders will be limited to 240 days or the length of their assignment, whichever is shorter. To maintain status beyond those periods, F, J, and I nonimmigrants will be required to file an extension request with USCIS or depart the U.S. and seek reentry for a new authorized period of stay.
In addition to these admission changes, the rule introduces substantial new restrictions on F‑1 program flexibility. For example, school transfers (except campus transfers within the same institution) will no longer be permitted for all graduate level studies and during the first year of undergraduate level studies. Program changes will also be restricted for all graduate‑level studies and during the first year of undergraduate studies. If an undergraduate student wishes to transfer or change programs after their first year, they will be required to file Form I‑539 with USCIS. The rule further prohibits sequential academic programs at the same or lower educational level, shortens the F status grace period to 30 days, and limits English‑language study to 24 months.
The rule also reshapes J‑1 procedures. J‑1 exchange visitors will now be tied strictly to the dates listed on their DS‑2019. Any extension request from within the U.S. must be filed directly with USCIS and will be subject to standard filing fees and processing times.
During the transition, the rules will affect individuals differently depending on their status and travel history. DHS has outlined several scenarios to clarify how admitted‑to dates will be assigned under the new framework:
| Present in the U.S. in F-1 status on September 15th | The admitted‑to date on the I‑94 will automatically convert to the program end date listed on the current I‑20, up to a maximum of 4 years from the rule’s effective date, followed by a 60‑day grace period. This means the admitted‑to date may extend as far as November 14, 2030. SEVIS should incorporate the updated I‑94 date. |
| Present in the U.S. in J-1 status on September 15th | The admitted‑to date on the I‑94 will convert to the program end date listed on the current DS‑2019, up to a maximum of 4 years from the rule’s effective date, followed by a 30‑day grace period. This may extend the admitted‑to date up to October 15, 2030. |
| Depart and re-enter the U.S. after September 15th (F-1 and J-1) | Upon reentry, the new I‑94 will list the admitted‑to date as the program end date on the current I‑20 or DS‑2019, plus a 30‑day grace period. |
| Enter the U.S. the U.S. after September 15th (F-1 and J-1) | Upon entry, the I‑94 will list the admitted‑to date as the program end date on the current I‑20 or DS‑2019, plus a 30‑day grace period. |
This rule also affects students seeking optional practical training. An F‑1 student who is in the U.S. on September 15th and is recommended by their DSO for post‑completion OPT or STEM OPT, and who timely files Form I‑765, will not be required to file Form I‑539 requesting an extension of status as long as the OPT or STEM OPT application is filed before March 18, 2027. However, any international travel after September 15th will trigger the need to file both Form I‑539 to extend the authorized period of stay and Form I‑765 for employment authorization. Cap‑gap protections for students with timely filed H‑1B petitions remain unchanged under the new rule.
To qualify for an extension of F‑1 or J‑1 status, applicants must demonstrate that they have sufficient financial resources to remain in the U.S. and can continue their studies without engaging in unauthorized employment, that they maintain an intent to return to their home country, and that they have pursued or are actively pursuing a full course of study. They must also show that they are on track to complete their program within the established program length.
If additional time is needed to complete the program, the extension request must include a permissible explanation such as a program that legitimately exceeds 4 years, compelling academic reasons that reflect isolated or temporary difficulties, documented illness or medical conditions, or circumstances beyond the student’s control such as a school merger or natural disaster. However, USCIS approval is not guaranteed, including for longer academic programs, OPT, or STEM OPT. Extension rules apply to dependents as well, and families filing together will be limited by the shortest possible admitted‑to date, such as a child aging out or a passport expiring. If filing as a unit would truncate another family member’s status, dependents may file separately to avoid this outcome.
Once an extension of status is filed with USCIS, applicants should anticipate additional procedural requirements. Premium processing is not yet available for F or J extensions, and applicants should expect to attend a biometrics appointment at a USCIS location. This requirement applies to dependents as well. Given the lack of premium processing, the need for biometrics, and the expected surge in filings under the new rule, applicants should prepare for delays in the processing of both extensions of status and employment authorization. However, while an extension request is timely filed, a 240‑day automatic extension will apply. Additionally, students who timely file both Form I‑539 and Form I‑765 for STEM OPT will continue to benefit from the 180‑day automatic extension of employment authorization.
The consequences of noncompliance are also more severe. If an immigration officer determines that an F, J, or I nonimmigrant has overstayed their admitted‑to date or otherwise violated their status, the individual may begin accruing unlawful presence.
Taken together, these changes represent a significant shift in how F, J, and I nonimmigrants must manage their status. Schools, sponsors, and affected noncitizens should prepare for new timelines, updated SEVIS procedures, and more frequent filings to ensure uninterrupted status.
For questions about how this rule may affect your program or immigration strategy, please contact Ellen Freeman Immigration Law Group, PLLC.
